Brutal Mariental assault ends in murder conviction for father and son

A Fatal assault carried out at a family home at Mariental in April 2021 has now left a father and son convicted on a charge of murder.

In a judgement delivered in the Windhoek High Court on Friday, judge Philanda Christiaan concluded that Mariental resident Borris le Roux (31) and his father, Hendrik le Roux (61), were jointly responsible for a beating that claimed the life of Hendrik’s son and Borris’ younger brother, Carlos le Roux (23), on 9 April 2021.

Carlos was found dead at his family’s home at Mariental during the morning of 9 April 2021, a couple of hours after a police constable delivered him home.

During the trial of Carlos’ father and brother, a medical doctor testified that Carlos died as a result of a head injury, caused by blunt trauma.

It was also recorded in a post-mortem examination report that Carlos had multiple superficial cut wounds all over his body.

Christiaan recounted towards the end of her judgement: “When the police left [Carlos] at the back gate of the house that night, he was alive, uninjured, and placed in the care of the two men he called family.

Within a short while, neighbours heard his desperate cries, the voices of both accused issuing instructions and taunts, and the repeated sounds of blows.

“For more than an hour, those cries continued until they fell silent shortly before dawn. By morning, the same neighbours watched as his body was carried away in a mortuary van.”

During their trial, Borris denied that he assaulted his brother on the day of his death, while Hendrik denied that he was responsible for his son’s death, Christiaan noted.

She found that their versions were not reasonably possible or true.

Christiaan also recounted that a neighbour of the Le Roux family testified that she had heard Hendrik saying he would beat Carlos “half dead”, that he would “deal with” Carlos and that “the devil’s power is in his arms and legs”.

Those threats were an indication of Hendrik’s intentions, Christiaan found, before concluding that the two accused men murdered Carlos without a direct intention to kill.

The judge also found that Hendrik was heard giving instructions to Borris, including telling him to beat Carlos on his arms and legs, during the fatal assault.

Christiaan concluded that this evidence showed Hendrik and Borris acted with a common purpose and actively associated with each other’s actions.

The judge concluded: “The mosaic is clear: the accused acted together in a joint assault that ended the life of [Carlos]. Their denials were improbable and not reasonably possibly true.”

The court heard during their trial that Carlos was receiving a government disability grant as he was unfit to work because of mental illness and substance abuse.

The state alleged in its indictment that Carlos had a history of damaging the belongings of his father and brother.

Because of Carlos’ behavioural problems, his father later held the opinion that neither the police nor social workers at Mariental could help or wanted to help him with his son’s problems, the state alleged in its indictment as well.

The state further alleged that on 8 April 2021 Carlos broke four window panes at his father’s house.

The two accused were also charged with a count of assault with intent to do grievous bodily harm, based on an allegation that they assaulted Carlos during the period of January to 7 April 2021.

Christiaan found them not guilty on that charge.

Borris and Hendrik were free on bail until the delivery of the verdict in their trial.

They are now being held in custody, and have to return to court for a presentence hearing on 31 October.

State advocate Ethel Ndlovu is representing the prosecution.

The accused are represented by defence lawyer Peru Liebenberg.

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